Council Working Group for the Elaboration of the Draft Strategic Plan and the Draft Financial Plan, 2008-2011 Document: WG-SP-FP-06/45 12 September 2006 English 6TH MEETING, GENEVA, 14 - 15 SEPTEMBER 2006 Argentine Republic CONTRIBUTION OF SECTOR MEMBERS TO THE ITU BUDGET I Introduction 1 Six recent ITU plenipotentiary conferences (1982, 1989, 1992, 1994, 1998 and 2002) have expressed concern about how to put the Union on a sounder financial footing, in order for the Union to carry out more activities so as to meet its objectives in a shorter time-frame, without having to abandon the current system of free choice of contributory class for Member States and Sector Members. 2 A large number of administrations have repeatedly stated that this should be achieved through an increase in the financial contribution of Sector Members, bearing in mind that, while Sector Members make an important technical contribution, they also benefit from the outcomes of their participation. 3 In sum, it should be remembered that it is the results achieved in: – ITU-T, in the form of recommendations containing technical, operating, tariff and economic standards; – ITU-R, in the form of recommendations and reports and the adoption of regulatory frameworks for the allocation of frequency bands to the various fixed, mobile and space services to ensure intensive and efficient use of the radio-frequency spectrum and orbital positions for satellite networks; – ITU-D, in the form of recommendations and studies for the development of telecommunication projects, which help Sector Members make timely and informed decisions on industrial, technology and commercial issues and identify investment opportunities in development projects. 4 With the World Telecommunication Policy Forum (WTPF), ITU created a new mechanism through which the private sector could directly bring to the attention of the public sector its needs in terms of new services. Noteworthy in this regard are, for example, the signing of a Memorandum of Understanding on GMPCS open to States and entities in the telecommunication sector, and the analyses carried out within this framework on the General Agreement on Trade in Services (GATS) of the World Trade Organization (WTO). 5 Over time, the Member States have been adopting decisions that strengthen Sector Member partnership and involvement, for instance through their appointment as officers in conferences, study groups, working parties, advisory groups and rapporteur groups, and through their participation in the work of the ITU Council. 2 6 Through Sector Member participation, the bodies empowered to rule on policy, strategic planning, operational plans and activities of the Union take into account the views and opinions formulated by Sector Members within the three advisory groups (RAG, TSAG and TDAG), in which the latter participate directly. 7 The progressive measures taken by Member States to grant Sector Members more rights and greater involvement have not been accompanied by a commensurate increase in their latter's financial contribution to support the functioning of the Union, despite the fact that such an increase has been under consideration for the last 24 years (1982-2006) as described in section II below. II History of studies carried out in ITU with a view to increasing the financial contribution of Sector Members 1 Resolution 52 (Nairobi, 1982): Sector Members were encouraged, through the Secretary-General, to choose the highest possible contributory class in the light of the benefits they derived. 2 Resolution 40 (Nice, 1989): As the above resolution had no positive effect, it was again resolved to encourage Sector Members to choose the one-unit class as a minimum contribution, provided their means are sufficient. 3 Period 1982-1994: All the efforts deployed to secure an increase in the number of Sector Member contributory units were to no avail. While acknowledging the need to obtain funds from the private sector, the Plenipotentiary Conference (Geneva, 1992) adopted no measures to that end, with the result that the situation remained unchanged. 3.1 Among the comments heard at meetings at which this issue was addressed in order to explain the lack of results, the following may be highlighted: – Sector Members would not be averse to increasing their contributions to ITU as long as they were allowed to participate in budget decisions related to the allocation of funds and expenditure oversight in respect of the three Sectors; – Sector Members wished to take part in the planning of Sector activities and Sector-related structural affairs; – if Member States were to decide on an increase in Sector Member contributions, there would be a risk that Sector Members would withdraw from the Union or continue participating without being Sector Members, through their inclusion on official delegations of Member States; – despite the acknowledged importance of Sector Member participation in ITU studies and activities, they should view their contributions as an investment rather than an expense, given the benefits they derived from that participation; – the imbalance between public and private sector contributions obliged the Member States to subsidize activities of direct benefit to Sector Member business activities, and a solution should be found for that problem without delay. 4 Resolution 39 (Kyoto, 1994): It was decided to examine options for strengthening the Union's financial base. Resolution 15 (Kyoto, 1994): It was decided to review the rights and obligations of Sector Members with the aim of enhancing their rights in recognition of their contribution to the work of ITU. 5 Decision 471 (Council-96): The ITU-2000 Working Group was established, with a mandate to continue the studies carried out by the Review Committee and the Secretary-General under Resolutions 15 and 39 (Kyoto, 1994). 3 The ITU-2000 group recommended that the ITU budget system be improved in order to strengthen the Union's financial base and to adequately meet the requirements of its membership (recommendation 9), to which effect it further recommended that: – the free choice of financial contributions should be retained and Member States and Sector Members should be encouraged to share in a more equitable manner the burden of financing ITU activities, commensurate with the benefit they derive from the Union (recommendation 9/1); – the Plenipotentiary Conference should examine the current ratio between the amount of the contributory unit of Member States and that of Sector Members, in the light of the future financial structure of the Union (recommendation 10). 6 Resolution 1112 (Council-97): The Council examined the ITU-2000 group's report and adopted, among others, recommendations 9, 9/1 and 10 for transmission to the Plenipotentiary Conference (Minneapolis, 1998) for consideration. 7 Resolution 90 (Minneapolis, 1998): The Plenipotentiary Conference considered the report of the Chairman of the ITU-2000 group and the proposals and opinions expressed by Member States at PP-98 with respect to the ITU-2000 recommendations, in particular recommendation 10 to the effect that, within the context of the free-choice system, the current ratio between the amounts of the contributory unit paid by Member States and Sector Members should be reviewed, in the light of the future financial structure of the Union. It resolved: 1) that the need to retain current participants in the activities of the Sectors of the Union and involve new participants should be taken into account as an objective when pursuing the aims of recommendation 10 referred to above; 2) that the review of the current ratio between the respective amounts of the contributory unit paid by Member States and Sector Members should involve the participation of both categories of members. It instructed the Council to review the contribution of Sector Members towards defraying the expenses of the Union, on the basis of proposals made at PP-98 and any contributions submitted by Member States and Sector Members, and invited Member States and Sector Members to participate in the review. 8 Resolution 1132 (Council-99): The Council established the Working Group on ITU Reform (WGR) pursuant to Resolution 74 (Minneapolis, 1998). WGR included Resolution 90 (Minneapolis, 1998) in its studies on reform, but no recommendation was forthcoming on the issue. 9 Resolution 110 (Marrakesh, 2002): PP-02 noted that WGR had not made any specific recommendation concerning the 1/5 ratio between the amount of the Member State contributory unit and that of the Sector Member contributory unit and that, while the number of Sector Members had increased, under the system of free choice of classes of contribution the trend in choice of class of contribution by individual Sector Members was towards a lower level. It recognized a) that it is essential to retain and attract more Sector Members and Associates, having regard to their inestimable contribution to the work of the Union and b) the need to broaden the financial base of the Union and ensure a fair balance between the contributions made by Member States and Sector Members. Accordingly, it resolved to invite the Council to establish an working group open to all Member States and all Sector Members to study a system whereby Sector Members and Associates contributed towards defraying the expenses of Union. 10 Report of the working group set up under Resolution 110 (Marrakesh, 2002): The working group was set up to consider the system whereby Sector Members and Associates contribute towards defraying the expenses of the Union. It submitted its report to Council-05 which took note of the report and decided that it should be brought before PP-06. The working group considered the three items set forth in Resolution 110 (Marrakesh, 2002), namely: 4 a) the method by which the amount of the contributory unit and of the financial contributions of Sector Members and Associates should be determined; b) the appropriate proportion between the financial contributions of Sector Members and Associates and those of Member States; c) the financial consequences of denunciation. The working group reported that other issues relating to Sector Member contributions had been identified which might need to be addressed in the future. On the basis of the study carried out, several recommendations were drawn up, as listed below (R.1 to R.9). The texts below are extracts (the full text can be found in Council-05 Document C05/40): 2 Method by which the amount of the contributory unit and of the financial contributions of Sector Members and Associates should be determined 2.1 Determination of the minimum level of contribution R.1 The working group recommends that the minimum level of contribution of Sector Members and Associates be determined by objective elements, i.e. cover the costs of their participation in the work of the selected Sector or study group. 2.2 Should the system of free choice of the class of contribution be maintained? R.2 The working group recommends keeping the free-choice system in order to maintain a smooth and simple process. 2.3 Should the free-choice system be linked to a new predetermined level of contribution? R.3 As stated above, the working group recommends that the minimum level of contribution within the framework of the free-choice system should be linked to a predetermined minimum level of contribution that allows the coverage of the costs of participation in a Sector or a study group. 3 Appropriate ratio between Member State and Sector Member contributions R.4 The working group did not make any progress in this regard and recommends maintaining the status quo. 4 Financial consequences of denunciation R.5 The working group recommends that the provisions in force regarding the financial consequences of denunciation be reviewed. R.6 Therefore, the working group recommends reducing the period of time stated in CV 240 and fixing it at six months (one financial quarter of a given two-year budgetary rolling period). 5 Other issues 5.1 Consequences in case of structural change 5.2 Penalties in case of arrears R.7 Consistent with a more reasonable notice period for denunciation (see § 4 above), the working group recommends that the applicable time period for the imposition of sanctions and penalties should also be accelerated. 5.3 Notification to Member States 5 R.8 The working group recommends that the sponsoring Member State, if applicable, be copied on all correspondence concerning difficulties with a Sector Member/Associate that has been sponsored by that Member State. 5.4 Reduction of the class of contribution between two plenipotentiary conferences R.9 Although the trend by which most Sector Members select the minimum class of contribution is not expected to change, there could be a benefit to adding new provisions in the Convention in order to allow flexibility to Sector Members to decrease their contribution. III Rules governing contributions to defraying the costs of the Union – Member State contributions – Sector Member contributions – Comparative tables a) Rules governing the choice of class of contribution by Sector Members The rule laid down in No. 468B of the Convention stipulates that: – to participate in the work of the Radiocommunication and Telecommunication Standardization Sectors, the choice of contributory class lies between a floor level of 1/2 unit and a ceiling of 40 units; – to participate in the work of the Telecommunication Development Sector, the choice of contributory class lies between a floor level of 1/16 unit and a ceiling of 40 units. b) Rules for setting the value of the Sector Member contributory unit No. 480 of the Convention provides that: – the amount of the contribution per unit payable towards the expenses of each Sector shall be set at 1/5 of the contributory unit of the Member States. c) Rules for determining the amount of the contribution payable by Member States and Sector Members The amount of the contribution is determined on the basis of the number of contributory units chosen by the members, on the basis of a free-choice system (No. 160 of the Constitution and No. 480 of the Convention). Biennial budget 2006-2007 The comparative tables below are drawn up on the basis of data from the biennial budget 2006-2007 contained in Document C05/100 – Resolution 1250 of Council-05 accessible via the ITU website. 6 TABLE I Budget: 2007 Member States: 190 Value of the contributory unit for Member States CHF 318 000 Number of Member State contributory units 342 5/8 Total income from Member States CHF 108 915 000 Percentage of the total income from Member States and Sector Members, i.e. CHF 128 699 000 84.63% Percentage of total expenditure (2007 budget), i.e. CHF 168 048 000 64.81% TABLE II Budget: 2007 Sector Members: 652 (ITU-T: 354; ITU-R: 304; ITU-D: 334) Value of the contributory unit for Sector Members CHF 63 600 Number of Sector Member contributory units 321.95 Equivalent number of units (1/5 of the value of the Member State contributory unit) 64.39 Total income from Sector Members CHF 19 784 000 Percentage of the total income from Member States and Sector Members, i.e. CHF 128 699 000 15.37% Percentage of total expenditure (2007 budget), i.e. CHF 168 048 000 11.77% TABLE III Estimated expenditure by Sector for 2007 1 General Secretariat 88 663 000 2 Radiocommunication Sector 37 210 000 3 Telecommunication Standardization Sector 12 372 000 4 Telecommunication Development Sector 29 803 000 Total CHF 168 048 000 IV Conclusions 1 The progressive measures taken by Member States to grant Sector Members more rights and greater involvement have not been accompanied by a commensurate increase in the latter's financial contribution to support the functioning of the Union, despite efforts having been made to secure such an increase over the last 24 years (1982-2006) as described in section II above. 2 Given that this issue has been under consideration for such a long time, consuming the Union's resources in the process, without any result in terms of modification of the situation which 7 we have been trying to change through dialogue with Sector Members, it would be appropriate for Member States to analyse and conclude on this issue at PP-06, as follows: 2.1 Determine whether the current distribution of expenses between Member States and Sector Members on the basis of the contributory amounts and percentages shown in Tables I and II in section III above is equitable. 2.2 If Member States find that the answer to the above question is that the distribution of contributions between Member States and Sector Members is indeed equitable, the issue could be closed there, obviating the need to devote resources to further studies. 2.3 If Member States find that the answer to the above question is that the distribution of contributions between Member States and Sector Members is not equitable, the issue could similarly be closed by affirming this conclusion and taking a policy decision gradually to reduce the large "financial gap" in the respective contributions, without jeopardizing the continued participation of Sector Members in ITU. 3 If the plenipotentiaries are in favour of proceeding on the basis of § 2.3, the conference could analyse the proposal set forth in section V below. V Proposal 1 Modify the rule (No. 480, Article 33 of the Convention) which stipulates that the amount of the contribution per unit payable towards the expenses of each Sector (ITU-T, ITU-R, ITU-D) by the Sector Member concerned shall be 1/5 of the contributory unit of Member States of the Union, by replacing the latter value with a figure of 1/4 (see Annex I). 2 Delete Resolution 90 (Minneapolis, 1998): Review of the contribution of Sector Members towards defraying the expenses of the International Telecommunication Union (see Annex III). 3 Delete Resolution 110 (Marrakesh, 2002): Review of the contribution of Sector Members towards defraying the expenses of the International Telecommunication Union (see Annex IV). 4 Approve the draft resolution set forth in Annex II: Announcement of the new ratio for setting the value of the Sector Member contributory unit. VI Reasons Partnership The ITU Constitution contains provisions affirming that Member States and Sector Members act in partnership for fulfilling ITU's objectives. In this respect, reference may be made to Nos 8 and 16 in Article 1 (Purposes of the Union): 8 f) to harmonize the actions of Member States and promote fruitful and constructive cooperation and partnership between Member States and Sector Members in the attainment of those ends; 16 f) foster collaboration among Member States and Sector Members with a view to the establishment of rates at levels as low as possible consistent with an efficient service and taking into account the necessity for maintaining independent financial administration of telecommunications on a sound basis; 8 Reference may also be made to No. 20 in Article 2 (Composition of the Union): 20 The International Telecommunication Union is an intergovernmental organization in which Member States and Sector Members, having well-defined rights and obligations, cooperate for the fulfilment of the purposes of the Union. It will be of mutual benefit to consolidate this partnership by means of a more equitable contribution towards the maintenance, operation and further development of work and studies within the Union. Driven by different and legitimate interests – for the former social within the public sector, and for the other profit-making – Member States and Sector Members, who are already working in partnership and coordination, could strengthen this understanding so as to jointly sustain the organization through more balanced levels of contribution. Change in the ratio from 1/5 to 1/4 The proposal to modify the ratio from 1/5 to 1/4 will alter the value of the Sector Member contributory unit. Applying the 1/5 ratio, on the basis of a Member State contributory unit amounting to CHF 318 000, the value of the Sector Member contributory unit in the 2006-2007 budget comes to CHF 63 600. With a 1/4 ratio, on the same basis of CHF 318 000, the value of Sector Member contributory unit as from the 2008-2009 budget would be CHF 79 500. Impact of the change in ratio The difference between the two values (CHF 79 500 and CHF 63 600) is CHF 15 900. In terms of the actual amount paid by Sector Members, this figure of CHF 15 900 will be divided by two, giving CHF 7 950, for all ITU-T and ITU-R Sector Members who, in the main, contribute in the 1/2 unit class. In the case of ITU-D Sector Members, the majority of which contribute in the 1/8 and 1/16 contributory classes, the increase resulting from the change in ratio will have negligible impact. We therefore believe that the increase in Sector Member contributions could be absorbed without any risk of their denouncing their participation in ITU. On the other hand, for ITU this increased contribution would be of great significance at a time when more activities are being foreseen in the strategic plan, calling for more resources, remembering that Member States have already ruled in the past and confirmed in the present that zero nominal growth is to be maintained as the budgeting approach in ITU. In this connection, the Administration of France submitted to Council-06 the report of the Chairman of the Council Working Group for the Elaboration of the Draft Strategic Plan and Draft Financial Plan 2008-2011 (Document C06/23), § 5.2 of which (“Ratio between Member State and Sector Member contributions”) states as follows: "According to CV480, the amount of the contribution per unit payable towards the expenses of each Sector concerned shall be set at 1/5 of the contributory unit of Member States. This ratio was introduced in 1982. The increasing role and participation of Sector Members in the work of the Sectors should however call for a review of this ratio. An increase from 1/5 to ¼ is anticipated. A similar increase is also assumed in setting the contributions from Associates. According to 9 CV483A, Associates shall share in defraying the expenses of each Sector concerned as determined by the Council. The change from 1/5 to ¼ would represent an increase of income of CHF 21.7 million." Deletion of Resolution 90 (Minneapolis, 1998) and Resolution 110 (Marrakesh, 2002) Given that studies with a view to securing a greater contribution on the part of Sector Members have been going on for 24 years without any result, there is little point continuing this work, and allocating economic resources to it; rather, it would be advisable to take a final decision on the matter. Draft resolution It is necessary for the Sector Members to be informed of the change in the ratio. At the same time, an ongoing campaign needs to be conducted to gradually increase the participation of new Sector Members in the work of the ITU Sectors, monitoring new members and denunciations so as to take the necessary action, as appropriate. 10 ANNEX I CONVENTION OF THE INTERNATIONAL TELECOMMUNICATION UNION CHAPTER IV Other Provisions ARTICLE 33 (CV) Finances ARG/35/2 MOD 480 PP-94 PP-98 5 The amount of the contribution per unit payable towards the expenses of each Sector concerned shall be set at 1/4 of the contributory unit of the Member States. These contributions shall be considered as Union income. They shall bear interest in accordance with the provisions of No. 474 above. 11 ANNEX II ARG/35/3 ADD DRAFT RESOLUTION [ARG-2] New ratio for setting the value of the Sector Member contributory unit and measures to increase the number of Sector Members and Associates The Plenipotentiary Conference of the International Telecommunication Union (Antalya, 2006), taking into account the amendment made to No. 480 of the ITU Convention, modifying the ratio for setting the value of the Sector Member contributory unit from 1/5 to 1/4 of the Member State contributory unit, considering a) the decision taken to apply the new ratio of 1/4 with effect from the 2008-2009 biennial budget; b) that all Sector Members must be informed of the new ratio, resolves to instruct the Secretary-General 1 to notify Sector Members sufficiently in advance of the new ratio together with the relevant budget information, so that they can decide on, and inform the General Secretariat about, the contributory class they select for their contribution towards defraying ITU expenses as of the 2008-2009 budget; 2 to keep Sector Members informed about the level of contribution chosen by each of them, and encourage them to increase their contribution; 3 to elicit and coordinate the participation of the Directors of the Telecommunication Standardization (TSB), Radiocommunication (BR) and Telecommunication Development (BDT) Bureaux in implementing resolves to instruct the Secretary-General 2 above; 4 to report annually to the Council on the results obtained from the measures taken pursuant to resolves to instruct the Secretary-General 2, on movements in terms of new members and denunciations, and on any initiatives implemented with a view to increasing Sector Member contributions, instructs the Directors of the Telecommunication Standardization, Radiocommunication and Telecommunication Development Bureaux to collaborate with the Secretary-General in work aimed at Sector Members with a view to increasing Sector Member contributions, instructs the Council to establish, on the basis of the information received from the Secretary-General, lines of action to be implemented jointly by the Secretary-General and the Directors of TSB, BR and BDT to attract new Sector Members and Associates to join and participate in the three Sectors of the Union. 12 ANNEX III Background Through Resolution 90 (Minneapolis, 1998), Member States decided to continue pursuing efforts to increase income in the Union budget through a greater contribution by Sector Members, instructing the Council to carry out a study to this end, in which both Member States and Sector Members were entitled to participate. Results The Council decided that this study should be added to those entrusted to the Working Group on ITU Reform which, in completing its work, did not however put forward any recommendation on this issue. This was the situation reported to the Plenipotentiary Conference (Marrakesh, 2002). The Plenipotentiary Conference (Marrakesh, 2002) took the issue up again and adopted Resolution 110 (Marrakesh, 2002) entitled “Review of the contribution of Sector Members towards defraying the expenses of the International Telecommunication Union”. In so doing, it nonetheless maintained Resolution 90 (Minneapolis, 1998). Proposal It is proposed that Resolution 90 (Minneapolis, 1998) be deleted. ARG/35/4 SUP RESOLUTION 90 (Minneapolis, 1998) Review of the contribution of Sector Members towards defraying the expenses of the International Telecommunication Union Reasons: The issue addressed in Resolution 90 (Minneapolis, 1998) was picked up in the content of Resolution 110 (Marrakesh, 2002), with the result that there are no grounds to keep it in force, and it should be deleted. 13 ANNEX IV Background The Plenipotentiary Conference (Marrakesh, 2002), noting the information from the Council to the effect that no recommendations had been made in relation to the studies initiated under Resolution 90 (Minneapolis, 1998), decided that efforts to increase income in the Union budget through an increased Sector Member contribution should be pursued, and thus again entrusted the Council to carry out a study to this end, in which both Member States and Sector Members were entitled to participate. Results The Council set up a working group to address the issue. The working group recommended that the level of the Sector Member contribution be maintained unchanged. Proposal It is proposed that Resolution 110 (Marrakesh, 2002) be deleted. ARG/35/5 SUP RESOLUTION 110 (Marrakesh, 2002) Review of the contribution of Sector Members towards defraying the expenses of the International Telecommunication Union Reasons: Over a period of 24 years, various working groups have been set up to study the issue of Sector Member contributions, to no avail. There seems to be no point in continuing to set up further working groups on this subject, which will consume economic resources. It is recommended that Resolution 110 (Marrakesh, 2002) be deleted, in the light of the proposal submitted that Member States should take a final decision on this matter. ____________